JJUA55061U Transnational Litigation and Commercial Arbitration under European, American & International Law - NOTE: THE COURSE IS CANCELLED IN THE SPRING SEMESTER 2017
This course examines and compares the rules used in Europe and
the United States to resolve international ”commercial” disputes in
cases relating to contracts between merchants and disputes relating
to tort (delictual) liability law. Emphasis will be placed on
knowledge and skills useful to practicing lawyers who litigate and
arbitrate commercial problems at the transnational level.
Among the key topic headings to be considered are the European and American rules relating to: juridical jurisdiction (which national courts can resolve a dispute with an international element); the applicable law (choice and conflict of laws); international commercial arbitration; and execution of foreign judgments and arbitral awards.
The main method of teaching and presentation is the case-method of study and the course materials include a discussion of case studies based on key European and American court decisions (precedents).
All students must participate actively (see Examensform)!
The course also includes on-line practice multiple choice-type exercises be completed before each class.
The course materials will be reviewed and discussed in the following segments:
- 1. Extraterritorial jurisdiction. Traditional and exorbitant bases of jurisdiction under European and American (State and Federal) law. The EU Brussels I Regulation on Jurisdiction and Judgements (2012). The doctrine of Due Process of law under the U.S. Constitution. Forum non conveniens under American/Common law, etc.
- 2. Choice and Conflicts of Laws. Choice and conflict under English, American (State and Federal) law. The EU Rome I Regulation on Applicable Law in Contract (2008) and the Rome II Regulation on Applicable Law in Tort (2007).
- 3. International Commercial Arbitration. Drafting and enforcing the agreement to arbitrate. Ad hoc vs. institutional arbitration. UNCITRAL Arbitration Rules. Choice of law. Lex Mercatoria. Uniform Model Arbitration Act, etc.
- 4. Execution of Foreign Judgments & Arbitral Awards. Enforcement of foreign judgments under European and American law. Enforcement under the EU Brussels Regulation. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- Present and explain in English the structure
and function of European and American Private International Law
rules covered and compared by the required reading material for the
- Identify complex European and American Private International Law and related comparative law problems - Analyze complex European and American Private International Law and related comparative problems
- Argue in favor of various tenable solutions, make a critical weighing of the relevant arguments and make a reasoned choice in relation to theoretical and practical considerations
- Put into perspective concrete relevant European and American Private International Law and related comparative law problems in a way that shows that she/he has a professional breadth of view in relation to and knowledge about the course subject
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent
J. Lookofsky and K. Hertz: "Transnational Litigation &
Commercial Arbitration", 3d ed. 2011 ((DJØF Publishing,
Required Reading (chapters and pages) as noted in course Syllabus.
Supplementary on-line materials (case law).
Total required reading: About 550-600 pages
In addition, since the exam will be a written examination (see below), participants should be reasonably proficient in their ability to write in English.
- 10 ECTS
- Type of assessment
- Written examination, 4 hour under invigilationWritten exam, 4 hours with invigilation
The student's grade is based on the result of a 4-hour final written exam (with supervision). The exam is “open book” (all materials allowed).
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
June 21, 2017
August 11, 2017